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All Journal Perspektif : Kajian Masalah Hukum dan Pembangunan TATOHI: Jurnal Ilmu Hukum PATTIMURA Law Study Review SASI
Popi Tuhulele
Fakultas Hukum Universitas Pattimura
Humanities Law, Crime, Criminology & Criminal Justice

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Embargo Terhadap Negara Dalam Keadaan Darurat Dan Pemenuhan Hak Asasi Manusia Marthin Ellon Hattu; Popi Tuhulele; Richard Marsilio Waas
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11778

Abstract

An embargo is an international legal sanction in the form of prohibiting or restricting the import and export of goods or services between countries. This is triggered by conflicts made by a country where some embargo countries hope that this embargo policy can force other countries to want to jointly resolve conflicts that occur in a country that makes conflicts, The armed conflict that occurred in Syria under the Al-Assad regime caused many Syrians to be tortured and killed for demanding reforms, so that America and European Union countries implemented and imposed sanctions embargoes on the Syrian government. Article 41 of the Charter of the United Nations authorizes the UN Security Council to implement nonmilitary measures, including embargoes, in an effort to maintain or restore international peace and security. The purpose of this study is to analyze and determine the treatment of embargoes on countries in emergencies that can be qualified as violations and determine the legal impact of embargoes on the fulfillment of human rights, The research method used by the author is normative law using statutory, conceptual and case approaches. The results of this study show that the use of Embargo sanctions against countries in emergencies qualifies as a violation of human rights, because it can worsen the condition of civil society and also the embargo in an emergency has violated the provisions of international law in the Universal Declaration of Human Rights of 1948 which in that provision explains the inherent rights of human beings.
Peran Association Of South East Asian Nations (ASEAN) Dalam Menyelesaikan Sengketa Laut China Selatan Sarah Nursyifa M Nusa; Irma Halima Hanafi; Popi Tuhulele
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11782

Abstract

ASEAN as a regional organization whose members include most of the countries involved in this dispute, has an important role in trying to reduce tensions and maintain stability in the region. There are provisions in the 1982 Law of the Sea Convention regarding the reclamation of the PRC which has given rise to various interpretations. The court found that there was no historical evidence that China controlled and dominated natural resources alone in the South China Sea. It was also found that China has caused serious damage to the coral reef environment by building artificial islands. Although ASEAN is not a party directly involved in this dispute, the organization has an important role in helping manage the conflict and promoting norms of behavior that are binding on all parties involved. The research method used is normative juridical research. The problem approach method used is the Law approach, Concept approach and Case approach. The use of legal source materials consists of primary and secondary legal materials to discuss problem formulation. The research results show that: The mechanism for resolving disputes within the Association of South East Asian Nations (ASEAN) is carried out peacefully through dialogue, consultation and negotiation. Member countries involved in a dispute can resolve the dispute using good offices, conciliation or mediation mechanisms. Second, ASEAN's role in resolving South China Sea disputes involving third countries through the development of a Code of Ethics in the South China Sea (COC), which began with the signing of the Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) for recognition and respect as a zone. peace, freedom and neutrality by external powers while expanding cooperation. So it is hoped that ASEAN can make further efforts specifically so that this issue can have a binding agreement between all countries concerned in these regions.
PENGARUH KEPUTUSAN MAHKAMAH INTERNASIONAL DALAM SENGKETA PULAU SIPADAN DAN LIGITAN TERHADAP PENETAPAN GARIS PANGKAL KEPULAUAN INDONESIA Popi Tuhulele
SASI Vol 17, No 2 (2011): Volume 17 Nomor 2, April - Juni 2011
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v17i2.354

Abstract

International Court of Justice Decision established Sipadan and Ligitan islands as a part of Malaysia’s souverign. This decision gives significant influenced for Indonesia and Malaysia, pariculary for Indonesia’s souvereignity. It’s important for Indonesia to made change of the position of archipelagic baselines were previously located for these two island. The changing of basilines position has influenced for Indonesia’s rules of territorial sea boundary, contiguous zone, exclusive economic zone, continental shelf, archipelagic waters and internal waters. Based on UNCLOS 1982, the exact position of each boundaries is still need to resolved further by both countries, because its should not be set unilaterally. Billateral cooperation between these two countries give oppurtunity to solved this problem equally.
Co-Authors Dyah Ridhul Airin Daties Ezra Raphael Timotius Fadilah Lay Fatimah Ely Farhan Juneth Paisuly Gremy Marsel Makatita Halima Hanafi, Irma Johanis Steny Franco Peilouw Lucia Charlota Octovina Tahamata Marthin Ellon Hattu Neladi Frisilia Lilipaly Novi D Permatasari Nur Reski Molle Piternely Matitaputty Richard Marsilio Waas Sarah Nursyifa M Nusa Welly Angela Riry Wilshen Leatemia